48 C.F.R. § 19.1304

19.1304 Exclusions.

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This subpart does not apply to—

(a) Requirements that can be satisfied through award to—

(1) Federal Prison Industries, Inc. (see subpart 8.6); or

(2) AbilityOne participating non-profit agencies for the blind or severely disabled (see subpart 8.7);

(b) Orders under indefinite-delivery contracts (see subpart 16.5). (But see 16.505(b)(2)(i)(F) for discretionary set-asides of orders);

(c) Orders against Federal Supply Schedules (see subpart 8.4). (But see 8.405-5 for discretionary set-asides of orders);

(d) Requirements currently being performed by an 8(a) participant or requirements SBA has accepted for performance under the authority of the 8(a) program, unless SBA has consented to release the requirements from the 8(a) program; or

(e) Requirements for commissary or exchange resale items.

[63 FR 70272, Dec. 18, 1998, as amended at 76 FR 68035, Nov. 2, 2011; 79 FR 24202, Apr. 29, 2014; 82 FR 4731, Jan. 13, 2017; 87 FR 58236, Sept. 23, 2022]
Notes of Decisions
Cited in 1 case, 2003–2003 · leading case: Contract Mgmt., Inc. v. Rumsfeld, 291 F. Supp. 2d 1166 (D. Haw. 2003).
Contract Mgmt., Inc. v. Rumsfeld, 291 F. Supp. 2d 1166 (D. Haw. 2003). “” 48 C.F.R. § 19.1304 (d). Plaintiff contends that the SBA cannot read the HUBZone preference as a statutory mandate while simultaneously promulgating regulations that limit the scope of that preference as a means to resolve the Congressional objective of parity between the…”
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